Recommendations
A/HRC/33/51/Add.2
80. The Working Group
recommends that the
Government of Sri Lanka:
(a) Ensure that documents,
materials, physical remains
or
other
elements
uncovered by the Office of
Missing Persons and that
could potentially be used as
evidence before a court of
law are managed and
preserved in such a way
that respects a chain of
custody and does not
jeopardize
their
admissibility in a judicial
process;
Measures taken/current situation
Situation during
the visit
A/HRC/33/51/Ad
d.2
Paragraph 37-39,
42,49
The UN and ICRC in particular have been extensively involved in terms of providing the
Office with resources and technical assistance. This includes funding legal staff, facilitating
peer-to-peer review with experts from Peru, Colombia etc., training on investigations by
experts from South Africa and Argentina.
OMP
Evidence generated by the OMP will be managed and preserved in accordance with its
mandate and powers. The OMP has a primary mandate to inter alia search and trace for the
missing and disappeared and protect the rights and interests of the disappeared and their
relatives.67 The OMP believes the obligation to provide justice is central to addressing the
rights of the missing and disappeared. Therefore, the OMP believes it has a role to play in
facilitating a justice process. Whilst the OMP is not empowered to prosecute alleged
perpetrators of enforced disappearances, it can refer instances where it appears that an offence
has been committed to law enforcement and prosecuting authorities.68 The OMP’s powers
grant it discretion over its investigative methodology, including the authority to admit
evidence that is not admissible under the Evidence Ordinance and to accept evidence under
terms of confidentiality.69
Centre for Justice and Change
This is the work of the OMP. What it has done so far is not known. The procedures and
policies of the OMP is yet to be disclosed to the general public.
Families of the Disappeared
These things are being always said by the OMP commissioners.
But its slow movements discourage the family members and make them loose their trust and
hope in OMP. Though as HR activists, we are happy what OMP and government tries to do.
But the victim’s families does not feel that anything is happening.
Level of implementation and
observations (to be completed
by the WGEID)
The Working Group welcomes
information according to which
the OMP is committed to
ensuring evidence collection
methodologies do not become an
obstacle to future investigations
and prosecutions but notes a lack
of detail or policy on how this
will be done in practice. The
Working Group encourages the
OMP to elaborate and publish a
policy document on the steps
that will be taken to ensure
respect for the chain of custody
and to ensure admissibility of
evidence in judicial process is
not jeopardized. With regard to
physical remains, as the OMP is
limited to an observer role in
exhumations, further clarity is
also required on the steps that
will be taken to ensure the chain
of custody in this context.
ICJ
67
68
51
69
OMP Act, above n 16, Section 2(a),(c).
OMP Act, above n 16, Section 12(i).
OMP Act, above n 16, Sections 12(c)(iii),(v)
A/HRC/42/40/Add.1
The office is yet to draw up a policy on its role during an accountability process and how
evidence shall be preserved for such purposes. Regardless, the Office stated that it is
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